Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3837 of 2017 Arising Out of PS.Case No. -126 Year- 2016 Thana -MAHNAR District- VAISHALI(HAJIPUR) ====================================================== Bittu Kumar, Son of Mahesh Poddar, Resident of Village- Kharjamma, P.S.-Mahnar, District- Vaishali .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 15-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Mahnar P.S. Case No.126 of 2016/G.R. No.3692 of 2016 registered under Sections 414/34 of the Indian Penal Code.

The accusation is that on receiving secret information about moving of a person with a theft motorcycle near Lawapur Chowk, the police reached there and apprehended one Md. Aslam with the theft motorcycle, who disclosed about committing the theft of that motorcycle with the help of petitioner and his brother Jitendra Kumar. He also disclosed about keeping the theft motorcycle and other theft materials in the house of the petitioner

Patna High Court Cr.Misc. No.3837 of 2017 (2) dt.15-02-2017 2/3 and his brother Jitendra Kumar. Thereafter, the police reached at the house of the petitioner and Jitendra Kumar and recovered one motorcycle, three lap-tops, three transistors, one video Camera etc. from there.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has falsely been implicated in this case being the brother of the co-accused Jitendra Kumar. Furthermore, it is detailed in the F.I.R. that the house of Jitendra Kumar, the brother of the petitioner, was searched and the aforesaid recovery was made from there but being the brother of the co-accused Jitendra Kumar, the petitioner is added as accused in the seizure list, which would also appear from the seizure list. The petitioner having no criminal antecedent is in custody since 19.09.2016. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.

10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-IV, Vaishali at Hajipur, in connection with Mahnar P.S. Case No.126 of 2016. Out of the two sureties, one must be close relative of the petitioner, who will file an affidavit giving genealogy as to how he/she is related with the petitioner.

Patna High Court Cr.Misc. No.3837 of 2017 (2) dt.15-02-2017 3/3 court about any change in the address of the petitioner. (Rajendra Kumar Mishra, J) P.S./- U T